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HomeMy WebLinkAbout2001/11/19 - ADMIN - Minutes - City Council - Regular (2) CITY OF OFFICIAL MINUTES ST. LOUIS CITY COUNCIL MEETING PARK ST. LOUIS PARK, MINNESOTA November 19, 2001 1. Call to Order Mayor Jacobs called the meeting to order at 7:30 p m. The following Councilmembers were present at roll call: Jim Bnmeyer, Ron Latz, Chris Nelson, Susan Sanger, Sue Santa, Robert Young, and Mayor Jeff Jacobs. Also present were the City Manager(Mr. Meyer), City Attorney (Mr. Scott); Director of Finance (Ms. McGann); Director of Community Development (Mr. Harmening); City Clerk (Ms Reichert); and Recording Secretary (Ms. Samson). 2. Presentations--None 3. Approval of Minutes 3a. City Council Minutes of November 5, 2001 The minutes were approved as presented. 4. Approval of Agenda and Consent Items NOTE: Consent items are those items of business which are considered to be routine and/or which need no discussion. Consent items are acted upon by one motion. If discussion is desired by either a Councilmember or a member of the audience, that item may be moved to an appropriate section of the regular agenda for discussion. 4a. Approval of Agenda It was moved by Councilmember Nelson, seconded by Councilmember Sanger, to approve the agenda. The motion passed 7-0. 4b. Approval of Consent Items It was moved by Councilmember Latz, seconded by Councilmember Nelson, to approve the following Consent Agenda Items. The motion passed 7-0. 1. Authorize execution of the Subordination Agreement and the Consent to Assignment, Subordination and Estoppel Agreement with MSP Real Estate 2. Approve the amended final plat Resolution No. 01-133 eliminating requirements for a development agicement and letter of credit for Ugorcts Addition Council Meeting Minutes -2- November 19, 2001 3. Adopt Ordinance No. 2215-01 establishing administrative penalties procedures for certain violations of city code and motion to adopt a resolution establishing violations and associated fines. 4. Approve Resolution No. 01-135 authorizing final payment to F.F. Jedlicki, Inc. in the amount of$4,947.20 for improvements to Westmoreland Lane Storm Sewer. 5. Motion to accept the following reports for filing a. Planning Commission Minutes of October 17, 2001 b. Vendor Claims 5. Public Hearings--None 6. Requests, Petitions, and Communications from the Public--None 7. Resolutions, Ordinances, Motions 7a. Confirmation of Appointment of Luke Stemmer as Fire Chief City Manager, Charlie Meyer, stated, in accordance with City Charter, the action before the City Council is to confirm the appointment of a department head. Mr. Meyer has appointed Mr Luke Stemmer, subject to Council approval, to become Fire Chief of St. Louis Park effective November 20, 2001. It was moved by Councilmember Bruneyer, seconded by Councilmember Nelson, to confirm the appointment of Luke Stemmer as Fire Chief effective November 20, 2001. The motion passed 7-0. Mr Stemmer was sworn in as Fire Chief by City Clerk, Cynthia Reichert. Fire Chief Stemmer said the mission of the fire department has been, and continues to be, citizen safety and citizen service. He thanked the Council for the privilege and opportunity to lead the fire department, which he will do with respect, contribution, and stewardship. 7b. The request of Lohman's Amhurst Homeowner's Association for a minor amendment to their Special Permit for property at the northwest quadrant of Hwy 7 and Hwy 169 to remove conditions relating to maintaining an emergency access from Highway 7. Case No. 01-55-CUP Resolution No. 01-132 Tom Harmening, Director of Community Development, said the area in question is Lohman Amhurst, located just west of Highway 169 and just south of Highway 7. Lohman Amhurst Homeowner's Association ("LAHA") is requesting a minor amendment to a special permit to obviate responsibility to maintain an emergency access road. The St. Louis Park Fire Department has communicated they do not see the need for that emergency access road and recommend the deletion of the requirement for its maintenance; the fire department is supportive of LAHA's request. Council Meeting Minutes -3- November 19, 2001 Mr. John Dizon, 3670 Gettysburg Avenue South, is LAHA's property manager. He stated two major points: Firstly, two horiie`s'are sitdated in Ilopkins, and the documentation is incorrect, i.e , the two homes (Mr. Dizon identified the two homes using an aerial photo) are not part of LAHA. Mr. Dizon explained, when Lohman Amhurst was constructed, those two homes did not exist. The property was owned by the developer and the developer subsequently built the two homes with an emergency access road running through the property. According to Mr. Dizon, the road no longer exists, it is occupied by a swimming pool and a trampoline, and Lohman Amhurst homeowners have been denied access to the road Secondly, Mr Dizon wants to snake it clear that the residents in the two homes are not Lohman Amhurst homeowners or residents of St. Louis Park. Councilmember Latz is troubled that such interference to an emergency access road could be accomplished by individual property owners, and he would like to know how the situation would be handled if it were deemed by public safety forces to be a road that was needed. He hopes property owners who arc beneficiaries of such access roads will notify City Staff of any interferences Councilmember Latz also said, under the Lohman Amhurst circumstance, he hopes the City of Hopkins is aware of this emergency access road issue and encumbers the land; i.e., in this case, a swimming pool affects the physical condition of the property and, therefore, violates the permit. Councilmember Latz supports LAHA's request. Councilmember Sanger also supports LAHA's request but she asked: How does St. Louis Park have the authority to remove conditions related to a road in Hopkins? Mayor Jacobs said he thinks it was part of the condition of building the property in the-beginning, and Mr. Harmening replied that to be correct. Councilmember Brimeyer thinks there was no easement in place, where the gate is situated at ' the south end, because it would have clouded the title and the homes could not have been built Councilmember Latz said the lesson is, if Council requires conditions for approval, and if the developer must go to a neighboring city, Staff and Council must follow up on it. Councilmember Nelson said if the easement is invalid, the condition is good because the Council required it, and the developer could have been forced to purchase the easement. In the future, Council should request the Community Development Staff to make requests appropriate to the title of the property. It was moved by Councilmember Santa, seconded by Councilmember Latz, to adopt Resolution No 01-132 approving an amendment to the Special Permit to remove conditions related to the emergency access road. The motion passed 7-0. 8. Boards and Committees a Reappoint David Lee to Fire Civil Service Commission Mayor Jacobs explained that at the previous council meeting a motion had been made incorrectly due to a mistake on staff records regarding terms. Council Meeting Minutes -4- November 19, 2001 It was moved byCouncilmember Sanger and seconded by Councilmember Santa to recind the action of November 5, 2001 reappointing William MacMillan to the Fire Civil Service Conimission clarify that Mr. MacMillan's term is to expire on October 1, 2002. The motion passed 7-0. It was moved by Counclunember Young and seconded by Councilmember Sanger to reappoint David Lee to the Fire Civil Service Commission to a term to expire on October 1, 2004. The motion passed 7-0 9. Communications--None 10. Adjournment Mayor Jacobs adjourned the meeting at 7:53 p.m. C Clerk M. or '